Charlotte Aircraft Corporation and Subsidiaries - Page 8

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            assets by the following amounts:  $885,712, $1,583,164,                                      
            $5,101,295, $9,045,475.                                                                      
                  Petitioner deducted $763,869, $3,354,061, $3,667,803, and                              
            $3,514,267 as interest in its consolidated Federal income tax                                
            returns for taxable years ending September 30, 1990, through                                 
            September 30, 1993, respectively.  In the notice of deficiency,                              
            respondent disallowed these interest deductions in total.                                    
                  For the reasons stated below, we agree with respondent that                            
            there are genuine issues of material fact in the instant case and                            
            consequently will deny petitioner's motion for partial summary                               
            judgment.                                                                                    
                  Section 163 provides that there shall be allowed as a                                  
            deduction all interest paid or accrued within the taxable year on                            
            indebtedness.  In order to be deductible, interest must be paid                              
            on genuine indebtedness.  Knetsch v. United States, 364 U.S. 361                             
            (1960).                                                                                      
                  The "all events" test governs whether an accrual of an                                 
            expense, including interest, is proper.  See United States v.                                
            General Dynamics Corp., 481 U.S. 239, 242 (1987).  Section                                   
            461(h)(4) describes the “all events” test as follows:                                        
                  All events test.--For purposes of this subsection, the                                 
                  all events test is met with respect to any item if all                                 
                  events have occurred which determine the fact of                                       
                  liability and the amount of such liability can be                                      
                  determined with reasonable accuracy.                                                   








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